http://www.legislation.gov.uk/ukpga/2012/7/section/181Health and Social Care Act 2012An Act to establish and make provision about a National Health Service Commissioning Board and clinical commissioning groups and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.texttext/xmlenStatute Law Database2026-05-06Expert Participation2026-05-05 PART 5 Public involvement and local governmentCHAPTER 1Public involvement<Emphasis>Healthwatch England</Emphasis><CommentaryRef Ref="c2191333"/>Healthwatch England1811The Health and Social Care Act 2008 is amended as follows.2In Schedule 1 (the Care Quality Commission: constitution, etc.), in paragraph 6, after sub-paragraph (1) insert—1AA committee of the Commission known as “the Healthwatch England committee” is to be appointed in accordance with regulations.1BThe purpose of the Healthwatch England committee is to provide the Commission or other persons with advice, information or other assistance in accordance with provision made by or under this or any other Act.3After sub-paragraph (5) insert—5ARegulations under sub-paragraph (1A) must make provision requiring a person who has power to appoint a member of the Healthwatch England committee to secure that a majority of the members of the committee are not members of the Commission.5BRegulations under sub-paragraph (1A) may specify other results which a person who has power to appoint a member of the committee must secure.5CRegulations under sub-paragraph (1A) may, in particular, make provision as to—aeligibility for appointment;bprocedures for selecting or proposing persons for appointment.5DRegulations under sub-paragraph (1A) may, in particular, make provision as to—athe removal or suspension of members of the committee;bthe payment of remuneration and allowances to members.4In Chapter 3 of Part 1 (quality of health and social care), before section 46 and the preceding cross-heading insert—<Emphasis>Healthwatch England and Local Healthwatch organisations</Emphasis>Functions to be exercised by Healthwatch England45A1The Commission has the functions set out in subsections (2) to (5), but must arrange for the Healthwatch England committee to exercise the functions on its behalf.2The function in this subsection is to provide Local Healthwatch organisations with general advice and assistance in relation to—athe making of arrangements under section 221(1) of the Local Government and Public Involvement in Health Act 2007 (local care services);bthe making of arrangements in pursuance of arrangements made under section 221(1) of that Act (see section 222(2B) of that Act);cthe carrying-on of activities specified in section 221(2) of that Act.3The function in this subsection is a power to make recommendations of a general nature to English local authorities about the making of arrangements under section 221(1) of that Act.4The function in this subsection is a power, where the Healthwatch England committee is of the opinion that the activities specified in section 221(2) of that Act are not being carried on properly in an English local authority's area, to give the authority concerned written notice of its opinion.5The function in this subsection is to provide the persons mentioned in subsection (6) with information and advice on—athe views of people who use health or social care services and of other members of the public on their needs for and experiences of health and social care services, andbthe views of Local Healthwatch organisations and of other persons on the standard of provision of health and social care services and on whether or how the standard could or should be improved.6The persons referred to in subsection (5) are—athe Secretary of State;bthe National Health Service Commissioning Board;cMonitor;dEnglish local authorities.7A person provided with advice under subsection (5) must inform the Healthwatch England committee in writing of its response or proposed response to the advice.8The Healthwatch England committee may provide the Commission with information and advice on the matters mentioned in subsection (5)(a) and (b); and the Commission must inform the committee in writing of its response or proposed response to the advice.9The Commission must publish details of arrangements it makes under subsection (1) (including details of payments of remuneration or other amounts); and inclusion of the details in a report under section 83 is not to be regarded as a discharge of the duty imposed by this subsection.10In performing functions under this section, the Healthwatch England committee must have regard to such aspects of government policy as the Secretary of State may direct.Conflicts of interest45B1In making arrangements under section 45A(1), the Commission must have regard to any conflicts guidance issued by the Secretary of State.2In exercising functions on behalf of the Commission, the Healthwatch England committee must have regard to any conflicts guidance issued by the Secretary of State.3In this section, “conflicts guidance” means guidance about managing conflicts between—athe exercise of functions by the Commission, andbthe exercise of functions by the Healthwatch England committee on the Commission's behalf.Reports45C1As soon as possible after the end of each financial year, the Healthwatch England committee—amust make a report to the Commission (whether or not in writing) on the matters mentioned in section 45A(5)(a) and (b), andbmust publish a report on the way in which it has exercised during the year the functions exercisable by it.2The committee must—alay before Parliament a copy of each report made under subsection (1)(b), andbsend a copy of each such report to the Secretary of State and to every Local Healthwatch organisation.3The committee may publish other reports at such times, and on such matters relating to health or social care, as it thinks appropriate.4Where a recommendation is made to the committee under section 221(2)(h) of the Local Government and Public Involvement in Health Act 2007 (reports under subsection (3)), the committee must have regard to the recommendation.5Before publishing a report under subsection (1)(b) or (3), the committee must, so far as practicable, exclude any matter which relates to the private affairs of an individual the publication of which, in the committee's opinion, would or might seriously and prejudicially affect that individual's interests.6In this section, “financial year” means—athe period beginning with the date on which the committee is appointed and ending with the following 31 March, andbeach successive period of 12 months ending with 31 March.5In section 82 (failure by Commission to discharge functions), after subsection (1) insert—1AThe Secretary of State may give a direction to the Healthwatch England committee if the Secretary of State considers that the committee—ais failing or has failed to discharge a function under section 45A or any other function it is required to discharge, orbis failing or has failed properly to discharge a function under that section or any other function it is required to discharge,and that the failure is significant.6In subsection (2) of that section—aafter “(1)” insert “or (1A)”, andbafter “the Commission” insert “or (as the case may be) the committee”.7In subsection (2A) of that section (inserted by section 294), after “(1)” insert “or (1A)”.8In subsection (3) of that section—aafter “the Commission” insert “or the committee”, andbafter “(1)” insert “or (1A)”.9In subsection (4) of that section (inserted by section 294), after “(1)” insert “, (1A)”.10For the title to that section substitute “Failure by the Commission or Healthwatch England in discharge of functions”.11In section 83 (reports for each financial year etc), after subsection (1) insert—1AThe reference in subsection (1)(a) to the Commission's functions does not include a reference to its functions under section 45A.12After subsection (2) of that section insert—2AThe reports under subsection (1)(b) and (c) must, in particular, set out (and identify as such) the contents of the report made by the Healthwatch England committee under section 45C(1)(a) in respect of the year concerned.13In each of the following provisions, at the end of the entry for the Care Quality Commission insert “and the Healthwatch England committee”—aPart 2 of Schedule 1 to the Public Records Act 1958,bPart 2 of Schedule 1 to the House of Commons Disqualification Act 1975, andcPart 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975.14The Healthwatch England committee is to be treated for the purposes of section 2(1) of the Public Bodies (Admission to Meetings) Act 1960 as a body that includes all the members of the Care Quality Commission.S. 181 partly in force; s. 181 in force for specified purposes at Royal Assent, see s. 306(1)(d)S. 181(1)-(3) in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2) (with art. 7)S. 181(6)-(14) in force at 1.10.2012 in so far as not already in force by S.I. 2012/1831, art. 2(2) (with art. 7)S. 181(4) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 7)S. 181(5) in force at 1.10.2012 for specified purposes by S.I. 2012/1831, art. 2(2) (with art. 7)S. 181(4)(5) in force at 1.4.2013 in so far as not already in force by S.I. 2013/160, art. 2(2) (with arts. 7-9)